Fitzgerald Trust Co. v. Burkhart

The Fitzgerald Trust Company delivered to Burk-hart, a mechanic, an automobile for the purpose of having it re*223paired by bim.. Burkhart, claiming tó have repaired the. machiné, asserted his lien for the work done, by a retention of the property, subsequently foreclosing his lien under the provisions of the Civil .Code (1910), § 3366. The automobile, still in the possession of Burkhart, the mechanic, was seized by the sheriff by virtue of the lien foreclosure, and was duly advertised and.sold as provided by the statute. After this the Fitzgerald Trust Company, denying that Burkhart had made the…